Motorsport Warehouse will endeavor to keep this Ecommerce site up to date and current but product or brand availability may vary without prior notice.
TERMS AND CONDITIONS
1.1 This website is owned and operated by Motorsport Warehouse Limited (Motorsport).
1.2 By purchasing goods from Motorsport, you agree to and accept all of these terms and conditions.
1.3 These terms and conditions are applicable as at the time of order however Motorsport reserves the right to change the terms and conditions at any time in relation to any future orders.
1.4 Any information or advice provided by Motorsport is not intended to be a substitute for professional advice. You should always seek professional advice before using or installing any goods purchased from this website.
2. Orders and Delivery
2.1 Motorsport will use its reasonable endeavours to fulfil your order, but it reserves the right to cancel an order at any time. This may be due but not limited to incorrect advertising and/or incorrect pricing.
2.2 Any delivery times stated are estimates only. Motorsport shall use its reasonable endeavours to fulfil those delivery times, however you agree Motorsport shall not be liable for loss or damage directly or indirectly incurred from any delay or failure to deliver within the estimated time frames.
2.3 Motorsport shall use its reasonable endeavours to ensure that goods which are noted as being in stock on this website are delivered within 2-3 working days of Motorsport receiving the fully paid order. Deliveries to rural areas may take longer.
2.4 If any goods are noted as being not in stock, Motorsport shall use its reasonable endeavours to ensure that goods are delivered within 2-3 working days of receiving the goods in stock from its suppliers and shall advise you on estimated delivery times.
2.5 In order to provide its range of products, Motorsport does not stock all products at any given time. Any information regarding product availability is based on information provided by Motorsport’s suppliers; Motorsport does not take responsibility for any errors or omissions from Motorsport’s suppliers.
2.6 If an incorrect delivery address is supplied, Motorsport may charge the customer all reasonable costs associated with any re-delivery.
2.7 Motorsport accepts no responsibility for failing to deliver.
2.8 Only orders to addresses within New Zealand shall be accepted.
2.9 Details of goods not received or incorrect goods received must be sent in writing to Motorsport within two working days of delivery together with a copy of the original invoice, listing these goods.
3. Pricing and Payment
3.1 All prices are in New Zealand dollars (NZ$) and exclude GST until the checkout process at which time 15% GST will be included to the items.
3.2 All prices are correct at the time of order, however Motorsport reserves the right to alter prices at any time in relation to any future orders.
3.3 Unless specified otherwise, special offers cannot be combined with items already on sale.
3.4 Payment for the goods and delivery is to be made in full via Paypal at the time of placing the order.
4.1 The risk in the goods shall pass to you immediately upon the goods leave Motorsport’s premises. You are advised to insure goods in transit.
5.1 Please ensure that you choose your goods carefully, as Motorsport does not refund if you change your mind. Motorsport has no liability for goods that have been incorrectly ordered.
5.2 If the goods are faulty, Motorsport will meet its obligations under the Consumer Guarantees Act 1993. It is at the discretion of Motorsport to determine fault. If you would like to return a faulty good, please return it to Motorsport within two working days of the fault being discovered. When returning any goods, please ensure your order number, name, and billing address is included.
5.3 Motorsport cannot be held responsible for reimbursement or compensation for lost goods returned to us. You are advised to insure your return package.
5.4 Upon accepting the fault of a good, Motorsport firstly has the option to repair the faulty good or replace it for the same item. If we cannot repair or provide you with a replacement, you will receive a credit or refund, including your original postage charges.
6. Acknowledgements by Customer
6.1 You acknowledge and agree that:
(a) Motorsport and its employees/consultants are not acting in the capacity of mechanics, racing specialists, or other qualified professionals.
(b) It is your responsibility to ensure that any advice provided by Motorsport is appropriate for your circumstances. You are solely responsible for the actions you take in reliance on advice provided by Motorsport.
(c) Motorsport has advised you to always consult your mechanic or other qualified professional in using or installing any goods purchased from this website.
(d) You are responsible for ensuring that any goods are correct and suitable for your purpose prior to purchase or fitting or using the goods.
7. Limitation of Liability
7.1 Where the purchase of any goods is found to be in trade as defined in section 43(2) of the Consumer Guarantees Act 1993 (CGA), the parties agree that the provisions of the CGA shall not apply to that transaction. Otherwise, these terms shall be read subject to the CGA and, in the case of any conflict, the provisions of the CGA shall apply.
7.2 Where the purchase of any goods is found to be in trade as defined in section 5D of the Fair Trading Act 1986 (FTA), the parties agree that sections 9, 12A, 13 and 14(1) shall not apply to that transaction.
7.3 Motorsport shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to its goods.
7.4 Motorsport shall not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided by Motorsport.
7.5 Fitting and use of goods must be done as per the manufacturers’ specifications and by a suitably qualified person. It is your sole responsibility to check the goods are correct and suitable for the purpose required.
7.6 No representation, condition, warranty or promise (expressed or implied) other than those required by law apply to each and every sale of new goods. Warranty of any good is subject to normal use and is void if not installed by a suitably qualified person. Motorsport is not liable for the condition of the vehicle prior to the goods being fitted. It is Motorsport’s sole discretion before acting on any warranty claim and Motorsport may require written evidence from the person who installed the goods.
7.7 The warranty is limited to replacing or repairing any faulty goods returned to Motorsport in accordance with these terms and conditions, provided that Motorsport is satisfied that the defects were defects in manufacture. No warranty applies if goods fail because of user abuse, lack of maintenance, incorrect fitting, incorrect use of goods, or any marine use. Warranty covers only replacement or repair of the good itself. Motorsport shall not be liable for any financial losses or damage sustained by you, including but not limited to, repair, inspection, removal, replacement or reinstallation costs, any charges for hire or purchase of replacement equipment/goods, labour, towage or storage charges. Motorsport’s liability will not exceed the purchase price of the goods.
7.8 The information on this website is provided for general information only. Motorsport has provided this information to users in good faith and with every best effort to accuracy, and shall not be liable for any errors and omissions in the information or any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.
7.9 You agree to indemnify Motorsport against all liabilities, losses, claims and expenses suffered or incurred by Motorsport, and all claims and demands made against Motorsport, arising directly or indirectly out of your use of the goods or this website, any breach of these terms and conditions, or the delivery or failure to deliver any goods.
8.1 Third Party Websites: This website may contain links to supplier or other third party websites. These websites have not been prepared by and are not controlled by Motorsport. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with them.
8.2 Copyright: All content on the website is copyrighted and may not be modified, reproduced or publicly displayed, or distributed or used for any public or commercial purposes, without the prior written consent of Motorsport.
8.3 Entire Agreement: These terms and conditions are the entire agreement between the parties, and shall not be varied except as expressly agreed by Motorsport in writing.
8.4 Severability: The illegality, invalidity or unenforceability of any term of these terms and conditions does not affect the legality, validity or enforceability of any other term.
8.5 Governing Law: The parties agree to be governed by the laws of New Zealand and to submit to the exclusive jurisdiction of the New Zealand courts.